Western Australian Premier Roger Cook has confirmed his government is repealing laws that were rushed through parliament two years ago in an attempt to protect Aboriginal cultural sites.
However, after coming into effect five weeks ago, the laws faced heavy criticism from farmers and other landholders over concerns it was making it unfeasible and overly expensive to make changes to their property.
On Tuesday, Cook relented to that backlash, announcing the laws will be repealed, with the 1972 legislation they replaced being restored – albeit with some amendments designed to avoid a repeat of the 2020 Juukan Gorge disaster.
“It has become clear that the act went too far – introducing complicated regulations and ultimately placing the burden on everyday property owners,” he said.
“As Premier, I understand that the legislation has unintentionally caused stress, confusion and division in our community. And for that, I am sorry.
“So, after serious consideration, consultation and community feedback, our government is making the decision to repeal the Aboriginal cultural heritage laws and restore the original Aboriginal Heritage Act of 1972.
“Crucially, the Act will include simple and effective amendments to prevent another Juukan Gorge incident. But it will mean that property owners will be able to continue to operate and manage their property, just as they have for the past 50 years.”
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While farmers have welcomed the news, traditional owners expressed their disappointment when news of the backflip came to light.
“It’s not so much a slap in the face, it’s more a stake to the heart.”
However, Aboriginal Affairs Minister Tony Buti insisted the upcoming amendments to the 1972 laws would provide First Nations peoples with protections for their sacred sites.
“We have targeted simple amendments aimed at ensuring that there is no further disruption of cultural heritage like we saw with the devastating loss of the 46,000-year-old Juukan Gorge rock shelter,” he said.
He continued that the amendments will “provide Traditional Owners with the same rights of appeal as those afforded to land proponents”.
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